HOUSE OF REPRESENTATIVES	H.C.R. NO.	220
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO EXEMPT VETERINARIANS FROM THE REQUIREMENTS OF PART viii OF CHAPTER 329, HAWAII REVISED STATUTES, PERTAINING TO THE ELECTRONIC PRESCRIPTION ACCOUNTABILITY SYSTEM, THROUGH JULY 1, 2013.

     WHEREAS, the Legislature finds that part VIII of chapter 329, Hawaii Revised Statutes, the Controlled Substances Act, pertaining to the electronic prescription accountability system, was enacted by Act 268, Session Laws of Hawaii 1996; and

     WHEREAS, the Legislature finds that section 329-101(a), Hawaii Revised Statutes, requires the establishment of a controlled substance electronic prescription accountability system within six months of June 18, 1996; and

     WHEREAS, the Legislature finds that the Narcotics Enforcement Division of the Department of Public Safety, the agency designated by section 329-103, Hawaii Revised Statutes, to oversee and administer the collection of information under the electronic prescription accountability system, has never required veterinarians to comply with the system until the Division provided written notification to veterinarians in 2011 that compulsory reporting would commence on January 31, 2012; and

     WHEREAS, the Legislature finds that veterinarians are concerned about the impact that compliance with the electronic prescription accountability system would have on their practices, fiscal and otherwise; and

     WHEREAS, the Legislature finds that part VIII of chapter 329, Hawaii Revised Statutes, neither expressly requires veterinarians to comply with its provisions nor expressly exempts veterinarians from its provisions; and

     WHEREAS, the Legislature finds that section 23-200-17, Hawaii Administrative Rules, which implements section 329-101, Hawaii Revised Statutes, requires "[a]ll pharmacies" to transmit controlled substance prescription data; and

     WHEREAS, the Legislature finds it reasonable to exempt veterinarians from complying with part VIII of chapter 329, Hawaii Revised Statutes, through July 1, 2013, to allow the Department of Public Safety time in which to clarify whether part VIII of chapter 329, Hawaii Revised Statutes, applies to veterinarians, and if so, to what extent; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the Senate concurring, that the Department of Public Safety is requested to meet with the President and Executive Board of the Hawaii Veterinary Medical Association to evaluate the need for or application of the requirements of part VIII of chapter 329, Hawaii Revised Statutes, before making a decision regarding the application of prescription reporting for veterinarians; and

     BE IT FURTHER RESOLVED that the Department of Public Safety is requested to clarify whether part VIII of chapter 329, Hawaii Revised Statutes, applies to veterinarians, and if so, to what extent, and to issue a written decision and send copies of the decision to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Director of Commerce and Consumer Affairs; the Hawaii Veterinary Medical Association, and all licensed veterinarians in the State, no later than August 31, 2012; and

     BE IT FURTHER RESOLVED that the Department of Public Safety is requested to exempt veterinarians from complying with the requirements of part VIII of chapter 329, Hawaii Revised Statutes, through July 1, 2013, in order to allow veterinarians a reasonable amount of time to comply with Department of Public Safety requirements; and

     BE IT FURTHER RESOLVED that the Department of Public Safety is requested to submit proposed legislation in the Regular Session of 2013, to clarify the requirements of part VIII of chapter 329, Hawaii Revised Statutes, in accordance with its decision; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; the Director of Public Safety; the Deputy Director of the Narcotics Enforcement Division of the Department of Public Safety; the Director of Commerce and Consumer Affairs; the President of the Hawaii Veterinary Medical Association; and all licensed veterinarians in the State.

OFFERED BY:

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Report Title: 

Veterinarians; Electronic Prescription Accountability System